Local Government Act, 1994
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Disqualifications for local authority membership. |
6.—(1) A person shall be disqualified for being elected, for being co-opted, or for being a member of a local authority if that person— | |
(a) is a member of the Commission of the European Communities or is a representative in the European Parliament, or | ||
(b) is a Judge, Advocate General or Registrar of the Court of Justice of the European Communities, or | ||
(c) is a member of the Court of Auditors of the European Communities, or | ||
(d) is a Minister of the Government or a Minister of State, or | ||
(e) is the chairman of Dáil Éireann (An Ceann Comhairle), or | ||
(f) is the chairman of Seanad Éireann, or | ||
(g) is the chairman of a select committee of either House of the Oireachtas or of a joint committee of both Houses, other than of any such committee or joint committee as is or may be designated for the purposes of subsection (3), or | ||
(h) is appointed under the Constitution as a Judge or the Comptroller and Auditor General, or | ||
(i) is a member of the Garda Síochána or a wholetime member of the Defence Forces as defined in section 11 (4) (b) of the Electoral Act, 1992 , or | ||
(j) is a civil servant who is not by terms of employment expressly permitted to be a member of a local authority, or | ||
(k) is undergoing a sentence of imprisonment for any term exceeding six months, whether with or without hard labour, or of penal servitude for any period imposed by a court of competent jurisdiction in the State, or | ||
(l) fails to pay any portion of any sum charged or surcharged, by an auditor of the accounts of any local authority, upon or against that person and such disqualification shall come into effect on the expiration of the time limit for an appeal where no appeal is taken, or on the expiration of one month from the date of an order confirming the charge or surcharge, where an appeal is taken to the Minister or the High Court and the disqualification shall apply and have effect for a period of five years from the date of its coming into effect, or | ||
(m) fails to comply with a final judgement, order or decree of a court of competent jurisdiction, for payment of money due to a local authority, or | ||
(n) is convicted of, or has had a conviction confirmed on appeal for, an offence relating to any of the following— | ||
(i) fraudulent or dishonest dealings affecting a local authority, | ||
(ii) corrupt practice, | ||
(iii) acting when disqualified. | ||
(2) (a) A disqualification arising pursuant to subsection (1) (m) shall come into effect on the seventh day following the last day for compliance with the relevant final judgement, order or decree and the disqualification shall apply and have effect for a period of five years from such last day. | ||
(b) A disqualification arising pursuant to subsection (1) (n) shall come into effect— | ||
(i) in case no appeal is taken against the conviction, on the expiration of the time limit for taking an appeal, or | ||
(ii) in case an appeal is taken against the conviction and the appeal is disallowed, one month from the determination of the appeal, | ||
and the disqualification shall apply and have effect for a period of five years from the date of conviction or determination of the appeal, as the case may be. | ||
(3) (a) The Joint Services Committee, the Joint Committee on the Irish Language, the Dáil Committee of Selection and the Seanad Committee of Selection, are hereby designated for the purposes of this subsection. | ||
(b) The Minister may by order designate any other committee or joint committee mentioned in paragraph (g) of subsection (1) for the purposes of this subsection and for so long as such an order is in force, that paragraph shall not apply as regards the committee or joint committee so designated. | ||
(c) An order made under this subsection shall not come into operation unless and until a copy thereof has been laid before each House of the Oireachtas and the order has been confirmed by resolution of each such House. | ||
(4) The provisions of this section shall come into operation and apply for the purposes of the local elections referred to in section 20 and thereafter and accordingly an order shall not be made under section 1 (9) bringing those provisions into operation as regards any member of a local authority prior to these elections. |